Business Law notes – LAW407
Table of Contents
(i) English Legal System
(ii) Contract Law
(iii) Employment Law
(iv) Tort Law
(v) Business Law
English Legal System
(i) The different sources and types of UK Law
Different Sources Types of UK Law
Case Law Civil Law
Legislation Criminal Law
EU Legislations
Customs
(ii) How do different sources of law work/how do they make law
Primary legislation: statutes/acts of parliament
Delegated legislation: statutory instruments, by-laws
Judiciary precedent: where the court has established a principle of law, the principle
must be followed by courts of lower authority in deciding subsequent cases with
similar issues
How statutes are made
House of Lords/House of Commons
1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Acts of Parliament 1911 & 1949
7. Royal Assent
How common law is made
, Created by the courts, decisions made by judges
(iii) How disputes are resolved in the UK
Alternative Dispute Resolution
1. Arbitration (preferred in the commercial world)
2. Mediation (facilitation – shared agreement of parties)
3. Conciliation (suggests different options to parties)
(iv) Sources of EU Law
Primary: Treaties
Secondary: Regulations, Directives, Decisions
Contract Law
(i) How a contract is formed
1. Offer and Acceptance
2. Intentions to create legal relations
3. Contractual Capacity
4. Consideration
5. Legality
Offer must be clear
Hillas v Arcas (1932)
Facts: The option didn’t specify what wood to supply
Decisions: Details can be obtained from previous dealings
Offer must distinguish from an invitation to treat, a statement giving information/express
intention, or mere or boast
• Invitation to treat
Fisher v Bell (1961)
Facts: Knife on display
Decision: The display of the knife was an invitation to treat
• Statements giving information/expressing intention
Harvey v Facey (1893)
Facts: Claimants telegraphed what is the lowest price for a pen, the defendants say $900,
claimants agree to $900, defendants did not reply
Decision: Not an offer but a statement of minimum price
• A mere puff or boast
Carlill v Carbolic Smoke Ball Company (1893)
Facts: $100 reward if caught influenza
Decisions: The offer was a unilateral offer, communication of acceptance was not
2
Table of Contents
(i) English Legal System
(ii) Contract Law
(iii) Employment Law
(iv) Tort Law
(v) Business Law
English Legal System
(i) The different sources and types of UK Law
Different Sources Types of UK Law
Case Law Civil Law
Legislation Criminal Law
EU Legislations
Customs
(ii) How do different sources of law work/how do they make law
Primary legislation: statutes/acts of parliament
Delegated legislation: statutory instruments, by-laws
Judiciary precedent: where the court has established a principle of law, the principle
must be followed by courts of lower authority in deciding subsequent cases with
similar issues
How statutes are made
House of Lords/House of Commons
1. First Reading
2. Second Reading
3. Committee Stage
4. Report Stage
5. Third Reading
6. Acts of Parliament 1911 & 1949
7. Royal Assent
How common law is made
, Created by the courts, decisions made by judges
(iii) How disputes are resolved in the UK
Alternative Dispute Resolution
1. Arbitration (preferred in the commercial world)
2. Mediation (facilitation – shared agreement of parties)
3. Conciliation (suggests different options to parties)
(iv) Sources of EU Law
Primary: Treaties
Secondary: Regulations, Directives, Decisions
Contract Law
(i) How a contract is formed
1. Offer and Acceptance
2. Intentions to create legal relations
3. Contractual Capacity
4. Consideration
5. Legality
Offer must be clear
Hillas v Arcas (1932)
Facts: The option didn’t specify what wood to supply
Decisions: Details can be obtained from previous dealings
Offer must distinguish from an invitation to treat, a statement giving information/express
intention, or mere or boast
• Invitation to treat
Fisher v Bell (1961)
Facts: Knife on display
Decision: The display of the knife was an invitation to treat
• Statements giving information/expressing intention
Harvey v Facey (1893)
Facts: Claimants telegraphed what is the lowest price for a pen, the defendants say $900,
claimants agree to $900, defendants did not reply
Decision: Not an offer but a statement of minimum price
• A mere puff or boast
Carlill v Carbolic Smoke Ball Company (1893)
Facts: $100 reward if caught influenza
Decisions: The offer was a unilateral offer, communication of acceptance was not
2
